[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Notices]
[Pages 46732-46736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15393]



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DEPARTMENT OF AGRICULTURE

Rural Housing Service

[Docket No. RHS-23-CF-0020]


Announcement of the Availability of Community Facilities Program 
Disaster Repair Grants

AGENCY: Rural Housing Service, USDA.

ACTION: Notice.

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SUMMARY: The Rural Housing Service (RHS or Agency), a Rural Development 
(RD) mission area of the United States Department of Agriculture 
(USDA), announces the availability of up to $50 million in grant 
funding through its Community Facilities Program (CF) to repair 
Essential community facilities damaged by Presidentially Declared 
Disasters in Calendar Year (CY) 2022, to remain available until 
expended. The supplemental disaster grant funding was received under 
the Consolidated Appropriations Act, 2023.

DATES: Applications for the Community Facilities Disaster Repair Grant 
Program will be accepted on a continual basis by the applicable USDA RD 
Office (see ADDRESSES section for details), beginning on July 20, 2023, 
until funds are expended. Interested applicants must contact the RD 
Office for the state where the project is located to discuss potential 
projects prior to preparing their application and to connect with a 
technical assistance provider.

ADDRESSES: This funding opportunity will be made available for 
informational purposes on Grants.gov. Applications must be submitted to 
the USDA RD State Office for the state where the project is located. 
Application information may be submitted in paper or electronic format 
to the appropriate RD State Office and will be accepted on a continual 
basis.
    Applicants must contact their respective RD State Office for 
information on grant eligibility, the application process, and for an 
address to submit application information. A list of the USDA RD State 
Office contacts can be found at: https://www.rd.usda.gov/about-rd/state-offices.

FOR FURTHER INFORMATION CONTACT: Surabhi Dabir at 
[email protected], Community Facilities Program, RHS, USDA or call 
202-768-5875. Persons with disabilities that require alternative means 
for communication should contact the U.S. Department of Agriculture 
(USDA) Target Center at (202) 720-2600 (voice); or the Federal Relay 
Service at 711 Relay Service.

SUPPLEMENTARY INFORMATION: 

Overview

    Federal Agency Name: Rural Housing Service (RHS), USDA.
    Funding Opportunity Title: Announcement of the Availability of 
Community Facilities Program Disaster Repair Grants.
    Announcement Type: Notice of Funding Opportunity (NOFO).
    Funding Opportunity Number: USDA-RHS-CFDG-2023.
    Assistance Listing: 10.766.
    Dates: Applications for the Community Facilities Disaster Repair 
Grant Program will be accepted on a continual basis by the USDA RD 
Office for the state where the project is located (see ADDRESSES 
section for details), beginning on July 20, 2023, until all funds are 
expended. Interested applicants must contact the RD Office for the 
state where the project is located to discuss potential projects prior 
to preparing their application and to connect with a technical 
assistance provider.
    Rural Development Key Priorities: The Agency encourages applicants 
to consider projects that will advance the following key priorities 
(more details available at https://www.rd.usda.gov/priority-points):
     Assisting rural communities recover economically through 
more and better market opportunities and through improved 
infrastructure;
     Ensuring all rural residents have equitable access to RD 
programs and benefits from RD funded projects; and
     Reducing climate pollution and increasing resilience to 
the impacts of climate change through economic support to rural 
communities.

A. Program Description

1. Purpose of the Program
    CF offers direct loans, loan guarantees and grants to develop or 
improve essential public services and facilities in communities across 
rural America. Public bodies, non-profit organizations and federally 
recognized American Indian Tribes can use the funds to construct, 
expand or improve facilities that provide health care, education, 
public safety, and public services. Projects include fire and rescue 
stations, village and town halls, health care clinics, hospitals, adult 
and childcare centers, assisted living facilities, rehabilitation 
centers, public buildings, schools, libraries, and many other 
community-based initiatives.
    This NOFO is being issued pursuant to the disaster funds made 
available by the Disaster Relief Supplemental Appropriations Act, 2023. 
Grants will be provided to eligible applicants to repair eligible 
Essential community facilities damaged by Presidentially Declared 
Disasters that occurred in CY 2022. Subject to any updates to the 
Presidentially Declared Disasters, the following states have been 
identified with areas that have been impacted by qualifying events 
during CY 2022: Alaska, American Samoa, Arizona, California, Florida, 
Idaho, Illinois, Kansas, Kentucky, Maine, Massachusetts, Minnesota, 
Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New 
Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, 
Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, 
Texas, U.S. Virgin Islands, Vermont, Virginia, Washington, and West 
Virginia. For the most current list of Presidentially Declared 
Disasters, visit the United States (U.S.) Department of Homeland 
Security, Federal Emergency Management Agency (FEMA) website at https://www.fema.gov/disaster/declarations.
    Details on eligible CF applicants and eligible CF projects may be 
found in Section C. Eligibility Information below.
    Funds will be allocated to the USDA Rural State Offices in States 
impacted by Presidentially declared disasters occurring in CY 2022. The 
allocation of funds will be based on an adaptation of 7 CFR 1940, 
subpart L, Methodology and Formulas for Allocation of Loan and Grant 
Program Funds to incorporate the impact of the disasters.
2. Statutory and Regulatory Authority
    The Community Facilities Disaster Repair Grant Program is 
authorized under Division N--Disaster Relief Supplemental 
Appropriations Act, 2023 of the Consolidated Appropriations Act, 2023, 
(Pub. L. 117-328); 7 U.S.C. 1926(a)(19); The Consolidated Farm and 
Rural Development Act as amended; 5 U.S.C. 301; and implemented by 2 
CFR parts 200 and 400, uniform Federal grant awards regulations and 7 
CFR 3570, subpart B, Community Facilities Grant Program regulations.
3. Definitions
    Presidentially Declared Disasters. A declaration made by the 
President in accordance with applicable statutes that a disaster 
exists, necessitating assistance in the recovery of the impacted area.
    Calendar Year (CY). The period of time beginning on January 1 and 
ending on December 31 of each year.
    All other definitions applicable to this notice are published at 7 
CFR 3570.53.
4. Application of Awards
    The Agency will review and evaluate applications received in 
response to this

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notice based on the eligibility provisions found in 7 CFR 3570.61 and 
as indicated in this notice. For instance, applicants must be organized 
as a Public body, community-based Nonprofit corporation or association, 
or a Federally recognized Tribe. Further, the proposed project must 
primarily serve rural areas, be in an eligible rural area, serve a 
public purpose, and be unable to finance the proposed project from its 
own resources, or other funding resources, or through commercial credit 
at reasonable rates and terms without the requested grant assistance. 
Awards under the Community Facilities Disaster Repair Grant Program 
will be made on a rolling basis, providing priority to applications 
using specific selection criteria. Applications will be scored on a 
priority basis in accordance with 7 CFR 3570.67. If at any time the 
demand for grant funds is greater than the amount of grant funds 
available, a priority ranking scoring system will be used to determine 
which projects are funded.

B. Federal Award Information

    Type of Award: Grants.
    Fiscal Year Funds: Funds available until expended.
    Available Funds: Up to $50,000,000.
    Award Amounts: Grants may cover up to 75 percent of total project 
cost. There is no minimum or maximum award amount. Applications will 
compete for available funding allocated to the applicable USDA RD State 
office.
    Anticipated Award Date: Awards will be made on a continual basis 
after publication of this Notice. Funds remain available until 
expended.
    Performance Period: The period of performance will be noted in the 
Grant Agreement and will extend for 5 years from the date of obligation 
of funds.
    Renewal or Supplemental Awards: None.
    Type of Assistance Instrument: Grant.

C. Eligibility Information

1. Eligible Applicants
    An eligible CF applicant must:
    (a) Be one of the types of entities outlined in 7 CFR 3570.61(a);
    (b) Be unable to finance the proposed project from its own 
resources, or through commercial credit as outlined in 7 CFR 
3570.61(c); and
    (c) Have the legal authority and responsibility to own, construct, 
operate, and maintain the proposed Facility as outlined in 7 CFR 
3570.61(e).
2. Eligible Projects
    An eligible CF project must:
    (a) Be an eligible Facility as outlined in 7 CFR 3570.61(b);
    (b) Be financially feasible as outlined in 7 CFR 3570.61(d); and
    (c) Be for public use as outlined in 7 CFR 3570.61(f).
3. Eligible Uses of Funds
    (a) Grant funds must be used to repair essential community 
facilities damaged by Presidentially declared disasters in CY 2022, 
including the replacement of damaged equipment or vehicles and/or the 
purchase of new equipment to undertake repairs to damaged facilities 
and for related purposes as outlined in 7 CFR 3570.62;
    (b) Grant funds may not be used for purposes outlined in 7 CFR 
3570.63(a);
4. Project Location Eligibility
    To be eligible for CF grant funds under this Notice:
    (a) The eligible CF project must be located in a rural area in a 
county (or a rural area of a Reservation for Indian tribes) with a 
disaster declaration as declared by the President of the United States;
    (b) The disaster declaration must be related to the consequences of 
a disaster occurring in CY 2022.
    (c) The Federal Emergency Management Agency (FEMA) must have 
provided a notice declaring the disaster.
    The term rural or rural area is defined in section 343(a)(13)(C) of 
the Consolidated Farm and Rural Development Act (7 U.S.C. 
1991(a)(13)(C)), as amended, as a city, town or, unincorporated area 
that has a population of not more than 20,000 inhabitants, and which 
excludes certain populations pursuant to 7 U.S.C. 1991(a)(13)(H) and 
(I). The boundaries for unincorporated areas in determining populations 
will be based on the Census Designated Places (CDP). Data from the most 
recent decennial census of the United States currently in use by Rural 
Development will be used in determining population.
    For information on determining if a project is located in an area 
with a Disaster Declaration, go to https://www.rd.usda.gov/programs-services/community-facilities/community-facilities-program-disaster-repair-grants.
5. Cost Sharing or Matching
    The Community Facilities Disaster Repair Grant may fund up to 75 
percent of the cost of repair to a damaged Facility. Funding for the 
balance of the project may consist of other CF financial assistance, 
applicant contributions, or loans and grants from other sources. In-
kind contributions are not an acceptable source of cost-sharing funds. 
Applicants must utilize cash contributions to fund the remaining 
project costs and these funds must be expended for an eligible purpose. 
The Community Facilities Direct Loan Program resources are also 
available to eligible applicants to satisfy cost sharing requirements. 
Applicants may request a combination of Community Facilities Direct 
Loan and Disaster Repair Grants in one application.
6. Other Program Requirements
    Grant funds will be administered in accordance with this notice and 
all applicable statutory and regulatory requirements including 
eligibility for CF grants. Further, the Agency will consider the 
applicant's ability to finance the proposed project from its own 
resources, other funding resources, and/or through commercial credit at 
reasonable rates and terms.

D. Application and Submission Information

1. Address To Request Application Package
    The requirements for submitting an application can be found at 7 
CFR 3570.65. Applications will be processed by a USDA RD State Office. 
Agency state office contact information is available at https://www.rd.usda.gov/about-rd/state-offices. Applications will be accepted 
on a continual basis until funds are expended. Interested applicants 
must contact the RD Office for the state where the project is located 
to discuss potential projects prior to preparing their application and 
to connect with a technical assistance provider.
2. Content and Form of Application Submission
    An application must contain all the required elements outlined in 7 
CFR 3570.65. Applicants must meet applicable statutory and regulatory 
requirements including environmental, procurement, and construction 
requirements. The applicable RD State Office can assist applicants in 
understanding complete application requirements based on the scope of 
the proposed project. Each application must address the applicable 
priorities presented in 7 CFR 3570.67 for the type of funding being 
requested. Applications must address several factors including the 
population of the project location, median household income of the 
population served, whether the project addresses a healthcare or public 
safety priority, and whether the project is consistent with, and is 
reflected in, the State Strategic Plan.

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3. System for Award Management and Unique Entity Identifier
    (a) At the time of application, each applicant must have an active 
registration in the System for Award Management (SAM) before submitting 
its application in accordance with 2 CFR part 25. In order to register 
in SAM, entities will be required to obtain a Unique Entity Identifier 
(UEI). Instructions for obtaining the UEI are available at https://sam.gov/content/entity-registration.
    (b) Applicant must maintain an active SAM registration, with 
current, accurate and complete information, at all times during which 
it has an active Federal award or an application under consideration by 
a Federal awarding agency.
    (c) Applicant must ensure they complete the Financial Assistance 
General Certifications and Representations in SAM.
    (d) Applicants must provide a valid UEI in its application, unless 
determined exempt under 2 CFR 25.110.
    (e) The Agency will not make an award until the applicant has 
complied with all SAM requirements including providing the UEI. If an 
applicant has not fully complied with the requirements by the time the 
Agency is ready to make an award, the Agency may determine that the 
applicant is not qualified to receive a Federal award and use that 
determination as a basis for making a Federal award to another 
applicant.
4. Submission Dates and Times
    Applications will be accepted on a continual basis, beginning on 
the publication date of this Notice, until all funds are expended.
5. Intergovernmental Review
    Executive Order (E.O.) 12372, ``Intergovernmental Review of Federal 
Programs,'' applies to this program. This E.O. requires that Federal 
agencies provide opportunities for consultation on proposed assistance 
with State and local governments. Many states have established a Single 
Point of Contact (SPOC) to facilitate this consultation. For a list of 
States that maintain a SPOC, please see the White House website: 
https://www.whitehouse.gov/omb/management/office-federal-financial-management/. If your State has a SPOC, you may submit a copy of the 
application directly for review. Any comments obtained through the SPOC 
must be provided to your State Office for consideration as part of your 
application. If your state has not established a SPOC, you may submit 
your application directly to the Agency. Applications from Federally 
recognized Indian Tribes are not subject to this requirement.
6. Funding Restrictions
    Grant funds may not be used to fund ineligible purposes per 7 CFR 
3570.63.
    Grant funds may not be used to:
    (1) Pay initial operating expenses or annual recurring costs, 
including purchases or rentals that are generally considered to be 
operating and maintenance expenses (unless a CF loan is part of the 
funding package);
    (2) Construct or repair electric generating plants, electric 
transmission lines, or gas distribution lines to provide services for 
commercial sale;
    (3) Refinance existing indebtedness;
    (4) Pay interest;
    (5) Pay for facilities located in nonrural areas, except as noted 
in Sec.  3570.61(b)(1).
    (6) Pay any costs of a project when the median household income of 
the population to be served by the proposed Facility is above the 
higher of the poverty line or eligible percent (60, 70, 80, or 90) of 
the State Nonmetropolitan Median Household Income (SNMHI) (see Sec.  
3570.63(b));
    (7) Pay project costs when other loan funding for the project is 
not at reasonable rates and terms;
    (8) Pay an amount greater than 75 percent of the cost to develop 
the Facility;
    (9) Pay costs to construct facilities to be used for commercial 
rental unless it is a minor part (15 percent or less) of the total 
floor space of the proposed Facility. In addition, the ineligible 
activity must be related to and enhance the primary purpose of the 
Facility;
    (10) Construct facilities primarily for the purpose of housing 
State, Federal, or quasi-Federal agencies;
    (11) Pay for any purposes restricted by 7 CFR 1942.17(d)(2); and
    (12) Grant funds must not be used for expenses that have been 
reimbursed from any other sources or that other sources are obligated 
to reimburse.

E. Application Review Information

1. Criteria
    Application Review Information--Applications will be reviewed in 
accordance with 7 CFR 3570.70 and scored on a priority basis in 
accordance with 7 CFR 3570.67. If at any time the demand for grant 
funds is greater than the amount of grant funds available, a priority 
ranking scoring system will be used to determine which projects are 
funded. Points will be distributed as follows:
    (a) Population priorities. The proposed project is located in a 
rural community having a population of:
    (1) 5,000 or less--30 points;
    (2) Between 5,001 and 12,000, inclusive--20 points;
    (3) Between 12,001 and 20,000, inclusive--10 points; or
    (4) Between 20,001 and 50,000, inclusive, when applicable--5 
points.
    (b) Income priorities. The median household income of the 
population to be served by the proposed project is below the higher of 
the poverty line or:
    (1) 60 percent of the SNMHI--30 points;
    (2) 70 percent of the SNMHI--20 points;
    (3) 80 percent of the SNMHI--10 points; or
    (4) 90 percent of the SNMHI--5 points.
    (c) Other priorities. Points will be assigned for one or more of 
the following initiatives:
    (1) Project is consistent with, and is reflected in, the State 
Strategic Plan--10 points;
    (2) Project is for health care--10 points; or
    (3) Project is for public safety--10 points.
    (d) Discretionary.
    The State Director may assign up to 15 points to a project in 
addition to those that may be scored under paragraphs (a) through (c) 
of this section, in accordance with 7 CFR 3570.67(d)(1). These points 
are to address unforeseen exigencies or emergencies, such as the loss 
of a community facility due to an accident or natural disaster or the 
loss of joint financing if Agency funds are not committed in a timely 
fashion. In addition, the points will be awarded to projects benefiting 
from the leveraging of funds in order to improve compatibility and 
coordination between the Agency and other agencies' selection systems 
and for those projects that are the most cost effective. For the 
purpose of this funding announcement, requirements in 7 CFR 
3570.67(d)(2) do not apply.
2. Review and Selection Process
    The Agency reserves the right to offer the applicant less than the 
grant funding requested.
    Applications will be reviewed in accordance with 7 CFR 3570.70 (a)-
(d) and scored on a priority basis in accordance with 7 CFR 3570.67. If 
at any time the demand for grant funds is greater than the amount of 
grant funds available, a priority ranking scoring system will be used 
to determine which projects are funded, in accordance with

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7 CFR 3570.68. Each request for grant assistance will be carefully 
scored and prioritized to determine which projects should be selected 
for further development and funding, as follows:
    (a) Selection of applications for further processing. The approval 
official will, subject to paragraph (b) of this section, authorize 
grants for those eligible preapplications with the highest priority 
score. When selecting projects, the following circumstances must be 
considered:
    (1) Scoring of project and scores of other applications on hand;
    (2) Funds available in the State allocation; and
    (3) If other Community Facilities financial assistance is needed 
for the project, the availability of other funding sources.
    (b) Lower scoring projects.
    (1) In cases when preliminary cost estimates indicate that an 
eligible, high-scoring application is not feasible, or would require 
grant assistance exceeding 50 percent of a State's current annual 
allocation, or an amount greater than that remaining in the State's 
allocation, the approval official may instead select the next lower-
scoring application for further processing provided the high-scoring 
applicant is notified of this action and given an opportunity to review 
the proposal and resubmit it prior to selection of the next 
application.
    (2) If it is found that there is no effective way to reduce costs, 
the approval official, after consultation with the applicant, may 
request an additional allocation of funds from the National office.
3. Anticipated Announcement and Federal Award Dates
    Applications will be reviewed and approved on a continual basis, as 
applications are submitted and as funding is available.

F. Federal Award Administration Information

1. Federal Award Notices
    Applicants selected for funding will be provided a Letter of 
Conditions. Upon acceptance of the conditions, the applicant will sign 
and return to the processing office Forms RD 1942-46, ``Letter of 
Intent to Meet Conditions'', and RD 1940-1, ``Request for Obligation of 
Funds''. The grant is approved on the date an Agency signed copy of 
Form RD 1940-1, ``Request for Obligation of Funds,'' is mailed to the 
applicant.
    Prior to the disbursement of grant funds, applicants approved for 
funding will be required to sign an Agency approved Grant Agreement, 
meet any pre-disbursement conditions outlined in the Letter of 
Conditions, and meet the applicable Statutory or Regulatory authority 
for this action listed in Section A. Program Description.
    In the event the application is not approved, the applicant will be 
notified in writing of the reasons for rejection and provided 
applicable review and appeal rights in accordance with 7 CFR part 11.
2. Administrative and National Policy Requirements
    Additional requirements that apply to grantees selected to receive 
Community Facilities Disaster Repair Grants can be found in the Grants 
and Agreements regulations of the Department of Agriculture codified in 
2 CFR parts 180, 200, 400, 415, 417, 418, 421; 2 CFR parts 25 and 170; 
and 48 CFR 31.2.
3. Reporting
    As outlined in the letter of conditions and grant agreement issued 
by the Agency, grant recipients will be required to provide performance 
reports and annual financial statements in accordance with 2 CFR part 
200 as adopted by the Agency in 2 CFR part 400. Grant recipients will 
also provide performance and financial monitoring and reporting 
information in accordance with 2 CFR part 200, subpart D, ``Post 
Federal Award Requirements.''

G. Federal Awarding Agency Contacts

    For general questions about this announcement, please contact your 
USDA Rural Development State Office provided in the ADDRESSES section 
of this notice.

H. Other Information

1. Paperwork Reduction Act
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
chapter 35), the information collection requirements associated with 
this program, as covered in this notice, have been approved by the 
Office of Management and Budget (OMB) under OMB Control Number 0575-
0173.
2. National Environmental Policy Act
    All recipients under this Notice are subject to the requirements of 
7 CFR part 1970.
3. Federal Funding Accountability and Transparency Act
    All applicants, in accordance with 2 CFR part 25, must be 
registered in SAM and have a UEI number as stated in Section D.3 of 
this notice. All recipients of Federal financial assistance are 
required to report information about first-tier sub-awards and 
executive total compensation in accordance with 2 CFR part 170.
4. Civil Rights
    All grants made under this notice are subject to Title VI of the 
Civil Rights Act of 1964 as required by the USDA (7 CFR part 15, 
subpart A--Nondiscrimination in Federally-Assisted Programs of the 
Department of Agriculture--Effectuation of Title VI of the Civil Rights 
Act of 1964) and section 504 of the Rehabilitation Act of 1973, Title 
VIII of the Civil Rights Act of 1968, Title IX, Executive Order 13166 
(Limited English Proficiency), Executive Order 11246, the Equal Credit 
Opportunity Act of 1974, Americans with Disabilities Act of 1990 (ADA) 
as amended; and Age Discrimination Act of 1975, as amended.
5. Non-Discrimination Statement
    In accordance with Federal civil rights laws and U.S. Department of 
Agriculture (USDA) civil rights regulations and policies, the USDA, its 
Mission Areas, agencies, staff offices, employees, and institutions 
participating in or administering USDA programs are prohibited from 
discriminating based on race, color, national origin, religion, sex, 
gender identity (including gender expression), sexual orientation, 
disability, age, marital status, family/parental status, income derived 
from a public assistance program, political beliefs, or reprisal or 
retaliation for prior civil rights activity, in any program or activity 
conducted or funded by USDA (not all bases apply to all programs). 
Remedies and complaint filing deadlines vary by program or incident.
    Program information may be made available in languages other than 
English. Persons with disabilities who require alternative means of 
communication to obtain program information (e.g., Braille, large 
print, audiotape, American Sign Language) should contact the 
responsible Mission Area, agency, staff office; or the Federal Relay 
Service at (800) 877-8339.
    To file a program discrimination complaint, a complainant should 
complete a Form AD-3027, USDA Program Discrimination Complaint Form, 
which can be obtained online at https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 
632-9992, or by writing a letter addressed to USDA. The letter must 
contain the complainant's name, address, telephone number, and a 
written description of the alleged discriminatory action in sufficient 
detail to inform the Assistant

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Secretary for Civil Rights (ASCR) about the nature and date of an 
alleged civil rights violation. The completed AD-3027 form or letter 
must be submitted to USDA by:
    (1) Mail: U.S. Department of Agriculture, Office of the Assistant 
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 
20250-9410; or
    (2) Fax: (833) 256-1665 or (202) 690-7442; or
    (3) Email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Joaquin Altoro,
Administrator, Rural Housing Service.
[FR Doc. 2023-15393 Filed 7-19-23; 8:45 am]
BILLING CODE 3410-XV-P